TH ST CONGRESS SESSION H. R. 2761

I

H. R. 2761 111TH CONGRESS 1ST SESSION

To sever United States Government relations with the Cherokee Nation of Oklahoma until such time as the Cherokee Nation of Oklahoma restores full tribal citizenship to the Cherokee Freedmen disenfranchised in the March 3, 2007, Cherokee Nation vote and fulfills all its treaty obligations with the Government of the United States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 8, 2009

Ms. WATSON (for herself, Ms. NORTON, Mr. CUMMINGS, Mrs. CHRISTENSEN, Mr. BUTTERFIELD, Mr. CONYERS, Mr. CLAY, Ms. LEE of California, Mr. TOWNS, Mr. AL GREEN of Texas, and Mr. FATTAH) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To sever United States Government relations with the Cherokee Nation of Oklahoma until such time as the Cherokee Nation of Oklahoma restores full tribal citizenship to the Cherokee Freedmen disenfranchised in the March 3, 2007, Cherokee Nation vote and fulfills all its treaty obligations with the Government of the United States, and for other purposes.

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Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

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2 1 SECTION 1. FINDINGS.

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Congress finds the following:

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(1) In the 1830s, members of the Cherokee Na-

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tion were removed from their lands in the south-

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eastern United States and forced to migrate to

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Oklahoma along a route known as the Trail of

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Tears. Among those persons forced to migrate were

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the Black slaves of Cherokees, free Blacks married

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to Cherokees, and the children of mixed-race fami-

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lies, known now as the ``Black Cherokees''.

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(2) In 1861, the Cherokee Nation executed a

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treaty with the Confederate States of America,

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thereby severing its relations with the United States

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Government. Members of the Cherokee Nation held

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positions in the Congress and military of the Con-

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federate States of America and waged war against

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the United States during the Civil War.

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(3) Following the Civil War, the United States

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reestablished relations with the Cherokee Nation

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through the Treaty of 1866. The Treaty of 1866 de-

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clared that the Black Cherokees, also known as

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``Cherokee Freedmen'', were to be made citizens of

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the Cherokee Nation and to have all the rights of

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Cherokees.

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(4) The Treaty of 1866 further guarantees the

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following:

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(A) Laws ``shall be uniform throughout

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said nation'' and that if ``any law, either in its

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provisions or in the manner of its enforcement,

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in the opinion of the President of the United

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States, operate unjustly in [the Freedmen] dis-

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trict, he is hereby authorized and empowered to

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correct such evil.''.

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(B) The Cherokee Freedmen are given the

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right to elect officials and to representation

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``according to numbers'' on the national council.

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(5) Following the Treaty of 1866, the Cherokee

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National Council amended its constitution to guar-

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antee the Cherokee Freedmen full rights as citizens

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of the Cherokee Nation.

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(6) Also following the Treaty of 1866, the

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Courts upheld the Cherokee Freedmen's treaty

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rights, including--

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(A) in 1895, the Court of Claims held that

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the Cherokee Freedmen were entitled to share

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in the tribe's land sale proceeds and the Cher-

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okee Nation's sovereignty could not be exercised

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in a manner that breached the nation's treaty

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obligations to the United States (Whitmire,

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Trustee for the Cherokee Freedmen v. Cherokee

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Nation, 30 CT Cl. 138, 180 (CT Cl. 1895));

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and

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(B) in 1906, the Supreme Court noted

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that the Cherokee Freedmen are citizens of the

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Cherokee Nation entitled to the same property

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rights as other members of the Cherokee Na-

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tion under the Treaty of 1866 (Red Bird v.

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United States, 203 U.S. 76, 84).

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(7) In a December 19, 2006, ruling in Vann v.

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Kempthorne, the United States District Court for

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the District of Columbia found that in 1906, the

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Dawes Commission registered members of the Cher-

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okee Nation under separate categories: the ``Freed-

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men Roll'' for the Black Cherokees and the ``Blood

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Roll'' for other Cherokees. Individuals possessing Af-

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rican blood were placed on the Freedmen Roll, where

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no levels of Indian blood were recorded. Those pos-

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sessing no African blood were placed on the Blood

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Roll, where levels of Indian blood were recorded. The

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Dawes Commission declared that persons recorded

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on the Freedmen Roll were on equal footing with

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those on the Blood Roll.

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(8) In 1970, Congress passed the ``Principal

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Chiefs Act'' requiring the Chickasaw, Choctaw,

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Creek, Seminole, and Cherokee Nations to obtain

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approval for their voting laws for selection of the

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principal chief. The Department of the Interior

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drafted a policy stating that it was not necessary

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that each of these groups have identical or similar

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regulations, but that three conditions are deemed

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fundamental to the democratic selection of a prin-

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cipal tribal official. One of the three conditions stip-

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ulated by the Department is that voter qualifications

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of the Cherokees must be broad enough to include

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the enrolled Cherokee Freedmen citizens.

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(9) In May 2003, the Cherokee Nation held an

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election for its officers and ratification of a new con-

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stitution. The vote proposed to amend the 1999 con-

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stitution of the Cherokee Nation by removing the re-

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quirement that the United States Department of the

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Interior and Bureau of Indian Affairs approve

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amendments to the Cherokee Nation Constitution.

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The Cherokee Freedmen were not permitted to vote

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or run for office. The election violated the Treaty of

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1866, the 13th Amendment to the United States

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Constitution, the Principal Chiefs Act of 1970, and

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the Department of the Interior's guidance on the

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ratification of a new constitution.

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(10) In May 2003, the Cherokee Nation held an

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election for its officers and the ratification of a new

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